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춘천지방법원속초지원 2020.01.10 2017가단2597
근저당권말소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C completed the registration of ownership transfer with respect to each real estate listed in the separate sheet on September 19, 2002 (hereinafter “instant real estate”).

B. The Plaintiff borrowed money from D (According to the Plaintiff’s assertion, the Plaintiff borrowed KRW 20 million from D, and the total amount of the borrowed principal by borrowing money again from E that was transferred with the first collateral (hereinafter “the total amount of the borrowed principal”), and C, on June 26, 2012, completed the registration of creation of superficies (hereinafter “the superficies of this case”) with a maturity of 30 million won from June 25, 2012, with respect to the instant real estate, to D on June 26, 2012, with a maximum amount of debt, KRW 30 million,000,000 with respect to the instant real estate, and the registration of creation of superficies (hereinafter “the superficies of this case”).

C. On November 13, 2012, E acquired from D the first right to collateral security, the secured claim, and superficies of this case. On November 14, 2012, E completed the first right to collateral security and the transfer of superficies of this case.

E applied for voluntary auction (hereinafter “voluntary auction of this case”) with respect to the instant real estate based on the first collateral security, to the Seocho District Court’s early branch court, and rendered a voluntary decision to commence the auction on February 6, 2015, and issued a decision to permit sale on July 27, 2015.

E. Accordingly, the Plaintiff and C delegated their resident registration certificates and seal imprints to H, who had worked as the secretary in law firm G, for the purpose of preventing the voluntary auction of this case.

F. On August 9, 2015, H settled the secured claim amount of the first right to collateral security including interest, auction expenses, etc. with the Defendant, who is the wife of E and E, KRW 43,269,70,000, out of which KRW 20,000 shall be paid in cash, and a balance of KRW 23,269,70 shall be paid within six months, and H prepares a certificate of loan to the Defendant to pay the remainder of KRW 23,269,70,00, within six months, and creates a collateral security amount of KRW 34,904,550 with respect to the instant

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